Dear Neighbor,
I hope you are having an enjoyable summer. A number of new laws take effect Aug. 1, particularly relating to public safety statutes. Here is a quick rundown of some notable changes.
The first major changes to the state’s drug sentencing guidelines in many years reduces sentences for drug addicts who may be more amenable to treatment or probation, while ensuring drug kingpins will spend significant time in prison. These changes were the result of compromise among a variety of criminal justice stakeholders.
Regulations are also established for body cameras used by law enforcement. This complex issue was investigated and discussed at great length during the 2016 session to bring state law up to speed with this advancing technology. As more police departments and other law enforcement agencies adopt this technology, disputes regarding police conduct like those recently in the news should be greatly reduced.
A main objective of the new law is to clarify what data (e.g. video) is available to the public and what is considered private or nonpublic. Most data will be considered private, except in cases pertaining to an inactive criminal investigation which “documents a peace officer’s use of force that results in substantial bodily harm,” or “documents the discharge of a firearm by a peace officer in the course of duty.” Subjects of the data also may request that it be made public, adhering to restrictions that allow other people who were on camera to be removed from the publicly available footage if requested and practicable. A law enforcement agency can also redact portions of data if it is deemed “clearly offensive to common sensibilities.” The identities and activities of off-duty officers engaged in an investigation or emergency may not be redacted.
Written procedures detailing public policy and inter-agency sharing are required of each law enforcement agency using a body camera system. Data collected will be retained according to the law enforcement agency’s retention schedule, provided that certain types of criminal investigative data is kept for at least one year. Non-investigative data must be kept for at least 90 days.
Click here for the bill’s complete language.
Other new public safety laws enhance the penalty for repeat drunken drivers who kill someone, extend the statute of limitations for certain identity theft crimes, criminalize private sexual image dissemination (also known as "revenge porn"), expands penalties for interfering with a body or scene of death, and more.
An overview of other new laws for 2016 can be found at this link.
On another subject, there have been further discussions regarding the potential for a special legislative session to take place this summer, primarily to address bills related to capital investment/transportation and tax relief. The House, where I serve, passed bills on both subjects during the regular session. The bonding/transportation bill stalled after a last-minute change by the Senate. The governor then vetoed the tax bill (despite overwhelming bipartisan support) that would have provided $801 million in reductions funded by the budget surplus for many Minnesotans. Other bills such as the pension bill the governor vetoed may also be re-passed since it passed with a veto-proof majority, but was enacted too late in regular session for a veto override.
Talks continue in an effort to set the stage for a special session so we can re-pass these bills and gain enactment. No plans have been finalized, but the third week in August has been mentioned as a time when the governor could call legislators to the capitol for what would almost surely be a one-day session. I don't like having special sessions, and have been working to change legislative procedures so that they are less likely. However, given some of the important provisions in these bills, I think it would be worthwhile to have a special session if the right agreement can be reached.
As always, I welcome your input on these and other issues. You can reach my office at (612) 296-6612, my home at 252-8084, or email me at rep.jim.knoblach@house.mn.
Again, I hope you are having an enjoyable summer!
Sincerely,
Rep. Jim Knoblach